Ibni Ābidīn writes at the
beginning of the chapter on Essential Conditions
for Salāt (namāz): There must be no najāsat or impurity on the
body, on the clothes of a person making salāt (prayer) or on the place where he
prays. A kerchief, a headgear, a skull-cap, a turban, mests and nalins
(pattens) are considered clothings. Since the hanging part of a scarf wrapped
around ones neck moves as one moves when performing the namāz, it is included
with the clothes, and the namāz will not be accepted if the rest of the cloth
is notclean. When those parts where one steps and puts ones head on the cloth
spread on the ground are clean, the namāz will be accepted if the rest of the
cloth is not clean. When those parts where one steps and puts ones head on the
cloth spread on the ground are clean, the namāz will be accepted even if there
is najāsat on its other parts. For the cloth, unlike the scarf, is not united
with the body. A child with clothing smeared with najāsat,
a cat, a bird, or a dog salivating from its mouth does not nullify ones namāz
when they sit on ones lap. For they stay there themselves. But if one holds
them on ones lap, shoulder or so on, one has carried them, and this nullifies
ones namāz. Ones namāz is not nullified by holding a wild animal that does
not produce saliva, a clean animal such as a cat, or a child on ones lap, if
their outer parts are clean. For the najāsat in them is contained where it is
produced. Likewise, the najāsat and blood of a person who is performing namāz
are contained wherein they are produced. So is the case with carrying blooded
eggs in ones pocket. Because the blood in the eggs is encased where it is
produced, it does not nullify ones namāz. But the namāz of a person carrying
urine in a closed bottle is not accepted. For the bottle is not the place where
the urine is produced. This is also written in Halabī-yi
Kebīr. [Hence it is not permissible to perform namāz while one has a
closed bottle of blood or tincture of iodine or a closed box containing a
bloody handkerchief or a piece of cloth smeared with najāsat equaling more than
a dirham (
not be clean. If one prostrates on ones hand, the
place where one puts ones hand must be clean.
Any solid najāsat on ones skin or clothes and fluid najāsat such as
urine and blood, even if it is on the mests, can be cleaned only by washing.
Soil smeared with some fluid najāsat, such as blood, wine [alcoholic liquids],
urine, is equated with solid najāsat. When solid najāsat is on a belt, a bag,
mests or shoes, it can be cleaned by crumbling, wiping.
Solid or fluid, any najāsat on things not absorbent, but smooth and
shining, such as glass, mirrors, bones, nails, knives, painted or varnished
furniture, becomes clean when it is rubbed with the hands, soil or any clean
thing until it loses three peculiarities (colour, odour, taste). When a bloody
knife or a sheeps head is held over a fire until the blood disappears, it
becomes clean.
When any soil on which some najāsat has fallen is dried by the wind and
loses its three peculiarities, it becomes pure and one can perform namāz on it.
But it cannot be used for tayammum. If any cloth, mat, clothes or ones skin
were on the soil, these will not become clean when they dry. When these are
smeared with najāsat, they must be washed before the namāz. Bricks, faience
paved on the ground, grass, trees growing in soil, rocks, like soil, become
pure when they dry.
When dried semen is rubbed off its place the skin becomes clean. If the
semen is wet, or if it is blood, whether wet or dry, the clothes or the skin
(on which it is) must be washed. Depending upon the kind of the najāsat and the
place smeared with it, there are over thirty different ways of cleaning.
When soap is made from any oil mixed with najāsat or from the oil of a
carrion, a foul animal or a pig, it becomes clean. So is the case with all
chemical changes. Bread can be baked in an oven that was made with foul water.
Things made from najs [foul] earth, such as jugs and jars, become clean when
they are taken out of the furnace.
If the qaba najāsat is not as much as one dirham
or more on ones skin or clothes or on the place where one performs the namāz,
the namāz will be accepted. But if there is as much as a dirham it is tahrīmī
mekrūh and it is wājib to wash it. If it is more than a dirham it is fard to
wash it. If it is less than a dirham it is sunnat to wash it. Some scholars say
that it is fard to wash away even a drop of wine. According to the other three
Madhhabs, it is fard to wash even a mote of any qaba najāsat completely. [In
Mālikī Madhhab, according to a
second report, najāsat is not a problem for
performing namāz. Cleaning it is sunnat. It is written in al-Mafuwāt that the najāsat left after istinja
is allowable in Shāfiī Madhhab.] Najāsat is measured according to how much
najāsat is on a person when starting to perform the namāz, not when he is
smeared with it.
A dirham is a weight of one
mithqal, that is, twenty qirat, that is, four grams and eighty centigrams, of
solid najāsat. With fluid najāsat it is an area as large as the surface of the
water in the palm of ones open hand. When solid najāsat less than one mithqal
is spread over an area larger than the palm of a hand on ones clothes, it does
not nullify the namāz.
1 - Qaba (ghalīz) najāsat:
All things that necessitate an ablution or ghusl when they issue from the human
body, flayed but not tanned skin, flesh, excrement and urine of those animals
whose flesh cannot be eaten [except a bat] and of their young; excrement, urine
and mouthful vomited matter of a sucking baby; blood of man and of all animals;
wine, carrion, pork, excrement of domestic fowls, excrement of pack animals and
sheep and goats are ghalīz, that is, qaba. Blood is qaba najāsat in all the
four Madhhabs. Semen, mazy and the turbid white, thick liquid called wadī that
issues after urination are qaba najāsat in the Hanafī and Mālikī Madhhabs. Only
semen is clean is Shafiī, and all three of them are clean in Hanbalī.
A cats urine, only on ones clothes; a martyrs blood, as long as it
remains on him; blood that exists in and does not flow out of edible meat,
livers, hearts and spleens; blood of fish; excrement and blood of lice, fleas
and bed-bugs are all clean. In other words, it is said (by scholars) that namāz
can be performed even when one is smeared with a great deal of the above. All
intoxicant drinks, like wine, are qaba najāsat. The words of those who say that
they are khafīf (light) najāsat are daīf (weak). It is written in Halabī-yi kebīr, Marāq-il-felāh and in the
Turkish Nimet-i islām that raki
(spirit) is najāsat-i ghalīza.
2 - Khafīf najāsat:
When one-fourth of a limb or a fourth of ones clothes is smeared with khafīf
najāsat, it does not negatively affect the namāz. The urine of edible quadruped
animals and the excrement of those birds whose flesh is not edible are khafīf.
The excrement of such edible fowls as pigeons and sparrows is clean. Even if a
small amount of a mouses excrement
or its urine falls into water or oil, although it
has been forgiven, it will be better to clean it. If a small quantity of it
gets mixed with wheat and becomes flour, it has been forgiven. With respect to
cleaning and making najs when dropped into a liquid, there is no difference
between qabā najāsat and khafīf najāsat.
Drops of urine and blood splashing on ones clothes equalling the point
of a pin, drops of mud splashing on one in the streets, steams consisting of
najāsat, gases coming on one after they have touched some najāsat, wind or
steam that is formed in stables and baths, and drops that are formed on walls
are all excusable when they touch ones clothes or wet skin. Because it is
difficult to avoid them, they have been deemed darūrat. But liquid obtained
from distilled najāsat is najs. For there is no inevitability in using it. For
this reason, raki and spirit (alcohol) are qaba najāsat and, like wine, it is
harām to drink them. [The fact that raki and spirit are najs and harām is written
in Merāq-il-felāh and in its Tahtāwī annotation. Then when performing namāz,
the alcoholic drinks and medicines, such as lotion, spirit and tincture of
iodine, which have been used without darūrat, must be cleaned from ones
clothes and skin. Please see chapter
[It is written at the end of the chapter on Istinjā
in Durr-ul-mukhtār: In a mixture of
soil and water, if either of them is clean the mixture, i.e. the mud, becomes
clean. The fatwā is likewise. The same is also written in the fourth rule in Ashbāh. Ibni Ābidīn, while explaining Durr-ul-mukhtār, writes: It is written in Fath-ul-qadīr that most of the ulamā (scholars)
stated so. It is written in Bezzāziyya
that they gave a fatwā accordingly. Imām Muhammad Sheybānī said the same. There
are also some ulamā who said that the mud becomes najs. According to them, the
mixture of clean soil and fertilizer is clean because there is a necessity in
it. As it is stated in Terghīb-us-salāt,
[according to some scholars], plaster mixed with dung is considered clean if it
is made with clean water and the amount of dung is less than the amount of mud.
Please see paragraph
If one of the two substances in a mixture prepared due to some
necessity is clean and there is a haraj in using a clean one instead of the
najs one, it is understood that, according to the former group of scholars, the
mixture will also become clean.
The medicines with spirit, eau de cologne,
varnish, ink or paint are in the same category. It is written in Al-fiqh-u alal-madhāhib-il-erbaa and in the
Kamżžlż edition of the annotation by Sulaymān bin Abdullāh Siridī
(rahmatullāhi taālā alaihimā) to Al-mafuwwāt
by mollā Khalīl Siridī, 1368 [1949], that the najs liquids used to improve the
medicines and perfumes are forgiven in the Shāfiī Madhhab. It is written in
both of these books and in Endless Bliss II, chapter 1, that it is permissible
to follow the daīf (weak) report when there is a haraj. Therefore, in cases of
difficulty, it is permissible for Hanafīs and Shāfiīs to perform namāz with
those mixtures on them in excess amounts. It is written at the end of the
chapter about Tawakkul[1] that a medicine considered to be clean cannot be
taken without a darūrat.]
An ammonia compound formed from ammonia gas issuing from najāsat is
clean. If dust and flies land on some najāsat and then leave it and then land
on ones clothes or on water, they do not make them foul.
It is sahīh that the mud that a dog steps on does not become najs. [It
is written at the end of the book Al-hadīqa:
If a persons dress is stained with najāsat and he forgets the site of the
stain and washes the part he supposes to be stained, his dress is accepted as
cleaned. If a person walks on a najs surface while his feet are wet, his feet
do not get najs on condition that the najs surface is dry; but if the surface
is wet and his dry feet get wet, they become najs. If the place where a dog has
lain in a mosque is dry, that place is not najs; if it is wet yet no trace of
najāsat is seen, it is not najs, either. The thawāb for the namāz performed
with shoes on is far more blessed than that performed with bare feet. It is the
same with shoes worn in the street if no najasat is seen on them. One should
not pay attention to doubts. Dresses, carpets, and similar things bought from a
seller of alcoholic drinks are accepted as clean. After making a ghusl near
others, the bath cloth gets clean by pouring water over it three times without
taking it off and wringing it out. Tahārat is essential in everything. Unless
it is known for certain that something is stained with najāsat, it cannot be
considered najs upon supposition. The meat of animals butchered by Ahl al-kitāb
in dār al-harb is regarded as clean unless otherwise proven. Eating the food
with meat prepared by Magicians or disbelievers without a holy book is
---------------------------------
[1] Please see the thirty-fifth chapter of the third fascicle of
Endless Bliss.
mekrūh tanzīhī since it is not known for certain
that they have butchered it. So is the case with the meat bought from todays
butchers.]
Najāsat can be cleaned with clean water, with water that has been used
for an ablution or a ghusl or with nonviscous liquids, such as vinegar,
rose-water, and saliva. It cannot be cleaned with milk or oil.
Water that has been used for an ablution or a ghusl is called mustamal water. This water is qaba najāsat
according to Imāmi azam. It is khafīf najāsat according to Abū Yūsuf. And it
is clean according to Imām-i Muhammad (rahmatullāhi taālā alaihimā). The fatwā conforms
with this final report. Najāsat can be cleaned with it. One cannot make another
ablution or ghusl with it. It is mekrūh to drink it or to make dough with it.
If it splashes on ones bath-towel, clothes or into the bath basin, or if any
water used for cleaning some najāsat splashes on an area as large as the point
of a pin, it does not cause them to be najs [foul]. If water used for cleaning
najāsat forms a small pool somewhere, things smeared with that water become
najs. If a person without an ablution or without a ghusl, a menstruating woman,
a polytheist, or disbeliever dips his or her hand or arm not smeared with
najāsat into any water and takes some water or picks up a bowl in it, the water
does not become foul in any of the four Madhhabs. If more than half of the
water flowing over some najāsat touches the najāsat, the water becomes najs. If
a small quantity of the water touches it and if the three peculiarities of the
najāsat do not exist in the water, it does not become najs. When najāsat burns
its ashes become clean. Bread can be baked in an oven heated by burning dried
dung. If a donkey, pig, or any carrion falls into salt and turns into salt, it
becomes clean. If dung falls into a well and turns into mud in process of time,
it becomes clean. In the Mālikī Madhhab, mustamal water is both clean itself
and can (be used to) clean other things. Hence, mustamal water can be used for
making an ablution or a ghusl. [Manāhij-ul-ibād]
Grape juice is clean. It becomes najs when it turns into wine. Wine
becomes clean when it changes into vinegar. If najāsat splashes on ones
clothes or body and if one cannot find out where that place is, it will become
clean if one washes the place that one guesses to be the spot. If one discovers
the correct place after namāz, one does not perform the namāz
again.When a threshing animal urinates on some
wheat, if any part of the wheat is washed, given as a present, eaten or sold,
the remainder becomes clean.
When any dirt or blood noticed after it has dried up is cleaned away,
the place where it was found becomes clean. There is no prescribed number of
washings. Once will be enough if it is removed by washing once. If the najāsat
is removed existence of a colour and odour is not harmful. It does not need to
be washed with hot or soapy water.
Tissue or body dyed with najs dye becomes clean when it is washed three
times. It is better to wash it until colourless water drops from it. If
najāsat, such as some alcoholic medicine, is syringed under the skin, it will become
clean when the syringed spot is washed three times. It is not necessary to
raise the skin in order to clean under it. If ones flesh is smeared with a
najs medicine which one has put on ones skin or wound, or if one has put najs
eyesalve on ones eyes, one does not have to wash ones flesh or eyes. The
outer part, as well as the dried blood remaining on any wound, must be washed
away in such a manner so as not to cause any harm. If it will be harmful, it
should not be washed. But a person who has najāsat on himself equalling one
dirham cannot be an imām. Ones things smeared with invisible najāsats, such as
alcohol (spirit) and urine, should be washed in a basin or washing machine with
clean water several times until one guesses they have become clean. If they
become clean after washing once, it will be enough. The water and other things
in the machine will not become najs during the washing. Those who are
over-scrupulous and dubious must wash them three times and squeeze the water
out after each washing. It is enough for every person to squeeze as hard as he
can. Things that cannot be squeezed because they are rotten, thin or big, such
as carpets, body, leather that absorbs najāsat, must be dried after each
washing. That is, you must wait until the water stops dripping. It is not
necessary to dry or squeeze jugs, bowls and copperware that do not absorb
najāsat or anything washed in the sea or in a river [in a wash-basin.]
It is written in Halabī:
Najāsat is cleaned with mutlaq water or with muqayyad water[1] or with any clean liquid. If a baby licks its own
vomit on a breast or if a person whose hand has been
---------------------------------
[1] Please see chapter 7 for kinds of water.
smeared with blood or wine licks it and then spits
it out, both his hand and his mouth become clean. Ones clothes will not be
clean by licking. They must be washed. Each animals bile is like its urine.
When an animal, except for a pig, or human dies its body, hairs, bones, nerves
and teeth do not become najs. It is mekrūh to have ones hand licked by a cat.
When a person with wet pants on breaks wind, the pants do not become najs. When
the skin of a carcass is tanned with a chemical that is not najs, it becomes
clean. If it is tanned with a najs chemical, such as the oil of a carcass, it
will become clean when it is washed and squeezed three times. When an inedible
animal is slaughtered as prescribed by the Sharīat, only its skin is clean.
The skin of a pig, a snake or a human will never become clean. A naked person
cannot cover himself with the untanned skin of a carcass. Such a skin cannot be
sold. Fouled tissue is not so. If a mouse falls into solid fat, the fat
touching the mouse must be thrown away. The remaining fat becomes clean. If a
mouse falls into fluid oil, all of it becomes najs. When any leather rubbed
with najs grease or pigs grease is washed, it becomes clean.
Among sea animals, those that are not permissible to eat are clean,
too. If a camels excrement falls into wheat, which is made into flour later
on, or if it falls into liquid oil or milk and is taken out later, it is permissible
to eat the wheat and drink the oil or milk unless one of the excrements three
peculiarities is observed in the wheat, oil, or milk. One can perform namāz on
the clean side of a foul material. If a person wearing clean shoes, socks and
mests performs namāz on a najs place, his namāz will not be accepted. If he
takes them off and steps on them, it will be accepted. The case will be the
same when their soles are foul.
If a fowl, after being killed, is scalded in boiling water so that its
feathers drop off before its abdomen is cut open, it becomes najs. [It is
stated on the fourth page of Ebussuūd Efendis fatwā: If a fowl is killed by
jugulation and then boiled in water before it is eviscerated and then plucked,
it is not halāl; it is harām to eat it. If it is killed, boiled after being
disembowelled with the insides being washed, it is halāl to eat as long as its
feathers have not been smeared with najāsat. It is written in Radd-ul-muktār: Only the skin of a fowl not
disembowelled becomes najs when it is put in water that is not boiling; if the
fowl is washed three times with cold water after being plucked and
disembowelled, the entire fowl becomes clean again. Also, the tripe becomes
clean when washed three times in
When any meat is boiled in wine or liquor, it becomes najs. It cannot
be cleaned by any means. Some Islamic scholars have said that it would become
clean when boiled and cooled in clean water three consecutive times. To clean
milk, honey or boiled grape juice tainted with najāsat, some water must be
mixed with it and the mixture must be boiled until water has evaporated. To
clean fluid oil it must be churned with water while the oil on top is skimmed
off. Solid fat must be boiled with water and then taken out.
In the Shafiī Madhhab, the maytas (carcasses)
of animals living on land are najs and likewise, all their parts their
feathers, hairs, bones, and skin and every bit that comes from them except
their eggs are najs. Blood issuing from man and animals living on land, and any
kind of intoxicating (alcoholic) drink are najs. In Shafiī, the entire body of
a pig and a dog is najāsat-i ghalīza, too. Anything that comes into contact
with them [while their hairs are wet] becomes najs. That place must be washed seven
times to clean. One of the washings should be done with a water-soil mixture.
Adding soil into water, it is washed with turbid water; or the thing smeared
with najāsat is first dipped into water and then soil is sprinkled onto it and
it is washed; or first soil is scattered and then water is poured onto it. It
is necessary to remove the najāsat before washing with the water-soil mixture.
If the najs place is wet, we should not put the soil onto it first, but wash it
using the other two methods. Even if the removal of the najāsat is achieved
only after several washings, all of them is considered as one washing. Hence,
six more washings including one with soil should be done. Each of the washings
done to remove the odor, color or taste is counted separately. Except for the
above two animals, it is enough to wash with mutlaq water only once in order to
clean away the najāsat. In Shafiī, the urine of a suckling boy is khafīf
najāsat. After squeezing or drying and thus removing the wetness, we sprinkle
water onto it; as a result, it becomes clean even if the water does not flow.
The urine of a boy who has eaten something besides milk, even once, or whose
age is above two and the urine of a suckling girl should be cleaned only by
washing with water.
[Muhammed Maz-har Efendī, one of the scholars of (the city of) Van (in
Eastern Turkey), states in Misbāh-un-najāt,
The
najāsat seen is washed until the three
peculiarities signifying its existence are removed and then it is washed once
again [with mutlaq water]. Never mind if the signs of najāsat can still be
observed slightly. When the najāsat is not visible, pouring water over it once
will do. If a container licked by a pig or a dog, or its own hairs licked by
itself, touches ones clothes or other things as it is still wet, these things
must be washed six times with clean water and once with muddy water. In
Shāfiī, tayammum is not permissible before the prayer time comes. Tayammum is
made when one is ill or travelling. There should not be any holes on the mests
and both of them should be put on at the same time after the ablution is
finished. Corpses of all land animals are najs. With the exception of dogs and
pigs, their hides become clean after tanning; however, hides of inedible
animals do not become clean, and namāz cannot be performed on them.]
Cleaning ones front or back after najāsat has
issued is called istinjā. Cleaning, that is, tahārat, is not necessary when gas
or a stone has issued. Istinjā is sunnat-i muakkada. In other words, after urinating
or emptying the bowels in a restroom it is sunnat for a man or woman to clean
his or her front or back (private organs) with a stone or with some water so as
not to leave any urine or excrement. The number of washings needed has not been
prescribed by the sunnat. After cleaning with a stone, it is sunnat to wash
again with water. But if one can not make an istinjā with water without opening
ones private parts near others, one gives up the istinjā with water even if a
large amount of excrement is left. One does not open ones private parts, and
performs namāz in this state. If one opens them, one will become a sinner who
has committed a harām. When one finds a secluded place, one makes istinjā with
water and performs the namāz again. The statement: when there is a darūrat
involving relieving oneself or in performing a ghusl a man can open his private
parts in the presence of other men and a woman can do it in the presence of
other women, is weak. Under such conditions it is necessary to make a tayammum
instead of a ghusl. For Ibni Ābidīn says
on the hundred and fourth page: If doing a commandment will cause you to
commit a harām, you must omit the commandment lest you will commit the harām.
[Since a fard is omitted lest you should commit a harām, it will certainly be
necessary to omit a sunnat lest you should commit a harām (Ibni Ābidīn page 105).
It is written in the book Uyūnul-basāir that a sunnat must be omitted even
lest one should commit a mekrūh].
It is tahrimī mekrūh to make an istinjā with bones, food, manure,
bricks, pieces of pots or glass, coal, animal food, others possessions, costly
things such as silk, things thrown away from mosques, zamzam water, leaves and
paper (excluding toilet paper). Even a blank piece of paper must be respected.
It is permissible to make an istinjā with pieces of paper or newspapers
containing terrestrial names or writings that have nothing to do with religion.
But you must not make an istinjā with any paper containing Islamic letters. It
is permissible to clean semen or urine with a piece of cloth and then wash the
cloth. A seriously ill person without a husband or wife does not have to make
an istinjā. But he has to have someone help him make an ablution. It is mekrūh
to urinate or empty the bowels with ones front or back towards the qibla,
standing or naked without any excuse. A ghusl is not permissible at a place
where urine has accumulated. It is not permissible to urinate in a place used
for making ghusl. But it is permissible if the urine will not accumulate and
will flow away. Water used for istinja becomes najs. It must not be allowed to
splash on clothes. Therefore, when making an istinjā one must open ones
private parts and do it in a secluded place. Istinjā cannot be made by
inserting ones hand into ones pants in front of the wash-basin and thereby
wash ones organ by making it touch the water in ones palm. When smeared with
drops of urine, water in ones palm becomes najs and causes the pants which it
drops on to become najs. If the areas which this water drops on amounts to more
than the palms width, the namāz will not be accepted. If the person, (who has
so much urine on his pants) is the imām, others cannot perform namāz behind
him. If a person without hands does not have a mahram relative to help him/her
to make istinjā (clean him/herself after urination or defecation), (obligation
of) istinjā lapses from him (Qādihān).
It is wājib for men to make an istibrā,
that is, not to leave any drops in the urethra, by walking, coughing or by
lying on their left side. Women do not make an istibrā. One must not make an
ablution unless one is satisfied that there are no drops of urine left. One
drop oozing out will both nullify the ablution and make ones underwears dirty.
If less than a palmful oozes onto the pants, it is mekrūh for one to make an
ablution and perform namāz. If more oozes, the namāz will not be sahih. Those
who have difficulty with istibrā must put a cellulosic cotton wick as big
as a barley seed into the urinary hole. The cotton
will absorb the urine oozing out, which will prevent both the ablution from
being broken and the pants from getting najs. Only, the end of the cotton must
not jut out. If the cotton wick is long and its end remains outside and gets
wet with urine, the ablution will break. Shāfiīs should not put cotton there
during the blessed month of Ramadān; it will nullify ones fast according to
the Shāfiī Madhhab. When a Hanafī Muslim imitating the Shāfiī Madhhab in
ablution and namāz uses the cotton wick likewise, it will not nullify his fast.
With old and invalid people, the organ becomes smaller and the piece of cloth
wound around it becomes loose. A person with this problem puts a piece of cloth
as large as a handkerchief in a small nylon bag and places the organ and the
testicles in the bag. He ties the mouth of the bag. If the amount of the urine
dripping onto the cloth is more than one dirham, the cloth must be replaced
before making an ablution. If a person who cannot control his urine but who
does not have an excuse notices wetness on the piece of cloth that he tied
clean, and if he does not know when the urine oozed, it must be accepted that
it oozed at the moment he noticed it, like in the example of the blood of haid,
dealt with in the fourth chapter. A person who feels doubt checks the cloth
before starting to perform namāz. If he sees wetness he makes a new ablution.
If he feels doubt during namāz, he checks as soons as he makes the salām and,
if he sees drops, he performs the namāz again. If he sees wetness one or two
minutes after the salām, it will be concluded that he has performed the namāz
with an ablution]. After istibrā, istinjā is made. After istinjā with water,
the organ is wiped dry with a piece of cloth. Every woman must always put kursuf (some cotton or cloth) on her front [see
chapter 4].
[The fact that those who suffer from enuresis or oozing blood, and
those who have difficulty in purifying themselves of najāsat should imitate the
Mālikī Madhhab is written in the annotation of al-
Mafuwāt. It is written in the book Al-fiqh-u-alal-madhāhib-il-erbaa, In the Mālikī
Madhhab, urine, semen, mazī, wadī, blood of istihāda (flux of blood from a
woman other than catamenia and lochia), excrement or wind issuing from a
healthy person breaks an ablution. Yet it will not be broken when the body
emits stones, worms, pus, yellowish liquid or blood through the anus or any
other part. When those things emission of which would normally break the
ablution issue because of some illness and it cannot be prevented,
one of the following two inferences (ijtihāds) is
to be followed: According to the first inference, involuntary urination that
goes on for more than half of the period of time prescribed for a certain
prayer of namāz, when it is not known when it (the urination) started, does not
break an ablution. According to the second inference, it does not break the
invalids ablution anyway, not even in the absence of the three conditions. It
is mustahab for him to make an ablution when the urination stops. When sick or
old people have difficulty making ablution, it will be acceptable for them to
follow this second inference. If it is known when the urination stops, it is
preferrable for the person concerned to make an ablution then. Those Hanafīs
and Shāfiīs who have to wait too long for istibrā or whose urine goes on
dropping afterwards and who cannot be excusable because their involuntary
urination does not continue as long as a period allotted for a namāz, must
imitate the Mālikī Madhhab. Ibni Ābidīn
says in the subject about Talāq-i-rijī, Our scholars gave their fatwā in
accordance with the Mālikī Madhhab in case of a darūrat. If a matter has not
been explained in the Hanafī Madhhab, the Mālikī Madhhab must be imitated. The
skin on the ears is included in the area of the head. It is fard to make masah
on them. It is not written in Hanafī books that this part of the skin is
included in the area of the face and must be washed. It breaks the ablution to
touch lustfully the skin or hair of a woman who is permissible for one to
marry.[1] In ghusl, it is sunnat, not fard, to wash
(inside) the mouth and the nose. A tayammum is necessary for each prayer time.
The dog is not foul, nor is the pig. However, it is harām to eat their meat.
Blood is foul, even if it is that of a fish. Tahārat from najāsat is fard
according to one inference, and sunnat according to another. Drops from
haemorrhoids and drops of urine and excrement on ones underwears are forgiven.
Human and animal blood and pus from an abscess or wound are forgiven when they
cover an area as large as (and no more than) the palm of a hand. It is fard to
recite the Fātiha (sūra) in every rakat of the namāz and to remain motionless
for a while (which is called tumānīnat)
after the rukū and between the two sajdas. In rakats where the imām says the
(prescribed) sūras silently, it is mustahab for the jamāat to say the Fātiha;
and where
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[1] The wife is no exception from this rule.
the imām recites the sūras aloud, it is mekrūh for
the jamāat to say the Fātiha. At qiyām (standing position in namāz), it is
mustahab to place both hands on somewhere between the chest and the navel, the
right hand on the left hand, or to let them hang down on both sides. It is
mekrūh to say the Aūdhu... in prayers of namāz that are fard. Finishing the
(recital of) Fātiha after (having begun) the rukū will nullify the namāz.
Second edition of the Mālikī book of fiqh Az-Zahīra
li-l Qurāfī was printed in Egypt in 1402 [A.D. 1982]. It says,
Imām-i-Mālik said that it is wājib for the awām (common people, laymen) to imitate
the mujtahids. The (four) Madhhabs are ways leading to Paradise. He who follows
any one of them will attain Paradise.
Last edition of the book Al-mudawwana,
which consists of narrations coming from Imām-i-Mālik through Ibn ul-Qāsim
radiy-allāhu anhumā, was printed in Beirut. It is written in this book, When
a womans palm touches her genital organ, her ablution is not broken. If mazī
oozes because of cold or illness, the ablution is not broken. Yet if it oozes
as a result of a lustful thought, it will be broken. If blood of istihazā or
urine oozes, the ablution is not broken; yet in this case it is mustahab to
make an ablution for each prayer of namāz. Khilāl of the beard (combing the
beard with fingers) is not made during the ablution. One should not perform
namāz behind (an imām who is) a holder of bidat (a heretical or aberrant
belief or conduct). It is fard to wash (the skin) under eye-brows and
eye-lashes, and also under the beard if their hairs are scarce, and to wash the
part of the beard which is thickly haired. It is mustahab to probe between the
toes (by using the small finger). It is permissible to dry oneself after the
ablution. Seven actions are fard (compulsory) in an ablution, and five are fard
in a ghusl. In case of such fears as losing ones life or property or becoming
ill or ones illness becoming worse or ones healing being delayed, it is
permissible to make a tayammum. If one cannot find a Muslim doctor, one will
have to trust a doctor who is a disbeliever or (others) experiences]. When
something washed with the hands become clean, the hands become clean, too.
It says in the subject concerning using gold and silver in the fifth
volume of Durr-ul-mukhtār that mens
dealing with one another is called Muāmalāt.
In muāmalāt, a sinners or a disbelievers word is to be accepted. A sane
child and a woman are like men (in this respect). If one of them says, I have
bought this meat from a disbeliever with a holy book, the
meat will be halāl to eat. [For, formerly meat was
sold by the person who had butchered the animal]. Ones property does not
become invalidated by one persons word. If a Muslim buys some meat and another
devoted Muslim says that the animal (to which the meat belongs) was killed by a
disbeliever without a holy book, the meat cannot be returned to the seller; the
buyer has to pay for it. For, since he bought the meat without knowing that it
belonged to a carrion, it has become his property. Information to invalidate
property has to be given by two men or by one man plus two women.There are three kinds
of muāmalāt. The first kind comprises dealings that neither party has to
fulfil. Examples of this are being a deputy, being a mudārib (one of the
partners in a kind of joint-ownership), and being granted (by a person to do
something on his behalf). The second kind consists of dealings that both
parties have to fulfil. Examples of this are the rights that can be subjects
for law-suits. The third kind includes dealings that one of the parties has to
fulfil while the other party does not have to fulfil. In this kind are
dismissing a deputy and withdrawing the permission one granted to another
person. In this case the deputy and the granted person can no longer act on
behalf of the person they are representing. But the person who takes back his
permission or authority from his deputy is free to use his own rights. We have
already explained the first one. In the second, the informers must have the
conditions prescribed by Islam for witnesses. In the third, the number of the
informers and whether they have the quality of fairness will be taken into
consideration.
Matters between Allahu taālā and man are called Diyānāt. In diyānāt, the word of an ādil[1] Muslim who has reached the age of puberty will be
trusted. A woman is like a man in this respect. If he (or she) says, This
water is najs, one cannot make an ablution with the water. One must make a
tayammum. If a sinful Muslim or a Muslim whose conduct is not known for certain
says so one inquires about it personally and acts upon ones own assurance. If
a disbeliever or a child says that the water is najs and if one believes it,
one must pour the water away and then make a tayammum. In giving a present or a
permission, a childs word can be accepted. When a child says, Come in,
please, one can enter the place. But whether a child is permitted to buy
something depends upon the sellers conviction.
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[1] Terms such as ādil and fāsiq are explained in chapter 10.
In diyānāt, information that will invalidate ones property must be
given by two men or one man plus two women. For example, if a just Muslim says,
This man and wife are foster brother and sister, it will not be admitted, and
the nikāh (marriage as prescribed by Islam) will not be cancelled.
Ibni Ābidīn says at the end of the chapter about istinjā: If a just person says that some meat is carrion, e.g., a murtad killed it, and another just person says that it is not carrion, e.g., a Muslim killed it, it will be judged as carrion. If the former says that some water or any sort of sherbet or any food is najs and the latter says that it is not najs, it will be taken as clean. If there are several informers, the majoritys consensus will be accepted. If clean and najs clothes come together and the clean ones are in the minority, or a number of pots are together and the clean ones are in the majority, one should search for the clean ones and use the ones one supposes to be clean. If the clean pots are equal or fewer in number, all of them will be taken as najs.